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2015-10 FIRST AMENDMENT TO AGREEMENT FOR COMPREHENSIVE FEE STUDY CONSULTANT SERVICES THIS AMENDMENT is entered into as of this /D 7111 day of February 2015 and is to that certain Agreement dated January 27, 2015, hereinafter"the Agreement", by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter referred to as "CITY" and TINDALE-OLIVER & ASSOCIATES, INC., 1000 North Ashley Drive, Tampa, FL 33602 hereinafter referred to as "CONSULTANT". The parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as follows: 1. This Amendment expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Amendment shall prevail. 2. The Scope of Services and Compensation Schedule referred to and incorporated into the Agreement is hereby amended to include a fire assessment study as more particularly described in Attachment"A" attached hereto and incorporated herein. 3. All other terms and conditions set forth in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. City of C ont Attest: / .. _ Gail L. Ash, ayor Tracy Ackroyd, City Clerk IF . Date. . ' - • r!5 Tindale-Oliver&Associates, Inc. Attest: By: ___ 14$11/ f+� Steven A. Tindale, Chief Executive Officer Corporate Secretary CITY OF CLERMONT FIRE ASSESSMENT STUDY SCOPE OF WORK (1 /13/15) Located in Lake County,just west of Orlando and north of Facility Master Plans in the past Tindale Oliver updated Disney World, Clermont has a population of 30,000 within Lake County's fire assessment study in 2011 and is in the approximately 15 square miles Over the past 20 years, process of updating it again this year,which provides us the city's population quadrupled,from 7,200 to 30,000, an understanding of the Lake County Property Appraiser and the city continued to experience growth even during and Tax Collector databases,which are an important part the recent economic downturn of the study In terms of taxable values per capita, the City of Clermont The fire assessment study for the City of Clermont will experienced a significant increase between 1995 and take into consideration several variables, such as 2007,followed by a decline over the past few years > Sample size of call data:Given that the sample size Approximately 75 percent of the City's tax base consists of incidents at non-residential land uses tends to be of residential property.With this lack of diversity, it is limited, it is important to use several years of call difficult for the City to moderate fluctuations in ad data in the analysis to determine a more consistent valorem revenues trend Data obtained from National Fire Incident Given the reduction in the tax base and limited Reporting System (NFIRS) or directly from the Fire diversification, alternative funding options such as Department will allow to conduct multiple years of assessments and fees for services become more analysis important than ever > Variation in level of effort and resources: Level of The city is served by the Clermont Fire Department("Fire effort and resources needed to respond to an Department"), which provides fire suppression, rescue, incident at certain land uses may be more extensive basic and advanced life support, hazardous material than others In apportioning the cost among land incident response,water rescue and other services The uses, it is important to recognize not just the number Fire Department,provides services from 3 stations with of calls but also the level of resources and time approximately 65 career personnel and 10 volunteer needed by each land use type For example, a personnel The Department has an ISO rating of 3,which review of incident data characteristics in other is achieved by less than 10 percent of jurisdictions in the communities suggests that average vehicle and staff country time used on an incident is higher for industrial land uses, while the frequency of calls from industrial land Given the continuous growth Clermont has been uses is relatively low As such, relying solely on the experiencing and reduction in tax base,the City is frequency may not capture total resources used by a interested in establishing a fire assessment program to given land use. fund its Fire Department and asked Tindale Oliver to > Correct classification of calls by land use:Tindale provide a scope of services Oliver has developed database analysis techniques The Tindale Oliver Team is very knowledgeable about to reference incident address data to the Property special assessment studies In addition, we understand Appraiser and/or Tax Collector database to classify fire department operations and have prepared Fire incidents by land use Results are compared to land Tind ales Oliver CITY OF CLERMONT I Fire Assessment Study 1 www tindaieohver corn Scope of Work use classifications included in Fire rescue annual budgets can fluctuate Department incident reports to ensure significantly when there are large capital that the two data sets are consistent expenditures, such as rehabilitation of an Given that the land uses typically are existing station, construction of a new charged based on their classification in the station, or purchase of new or replacement Property Appraiser database,this step vehicles. One of the ways to mitigate such ensures that each land use is properly fluctuations may be to include a capital classified and charged equitably replacement allowance in the annual > Methodology that reflects the benefit to budget on an ongoing basis This can the property: Under Florida case law, non- reduce potential annual fluctuations and ad valorem assessments require the need makes needed funding and revenues more to demonstrate special benefit to the predictable property During a recent study,Tindale This introduction provided our understanding Oliver obtained insurance rate data for of the scope of services and background issues homes located in areas with differing ISO as well as Tindale Oliver's specialized skills ratings and for different insurance values applicable to this project This analysis along with other research conducted by outside parties suggest a PROJECT APPROACH definite correlation between the availability This section provides a description of the tasks of fire services and insurance rate savings to be undertaken by the Tindale Oliver Team for individual properties For example, this for the City of Clermont fire assessment data and other related studies suggest that calculations The methodology included in this improvement of service from ISO Class scope of services conforms with applicable 9/10 to Class 5 decreases insurance rates laws, administrative rules and regulations of by 20 to 40 percent,which could translate the State of Florida into an annual savings of$200 to $500 per year, depending on home values With its More specifically, the methodology designed ISO Class 3 rating, the services of the Fire for the City meets the following and other Department are allowing the residents to related Florida Statutory and case law save a significant amount on their requirements for a valid special assessment t insurance premiums As such, it is > The service provided must confer a special important to consider the benefit benefit to the property being assessed received from the availability of fire services not only due to the response to > The costs assessed must be fairly and incidents, but also because of the reasonably appropriated among the insurance premium savings and the properties that receive the special benefit value of the property being protected. > The apportionment or exemption from > Fluctuations in annual budgets:The fire apportionment of non ad valorem Tndalet iOliver CITY OF CLERMONT I Scope of Work 2 www tindaleoliver.com Scope of Work assessments to the various classifications Table 1 -Example of Tiered of governmental entities as defined by Residential Assessment Rates Florida law Assessment Tindale Oliver has developed a set of Fire p (Square Footage) Rate Group 0 to 800 $95 Rescue Analysis (FRA) programs that will be 801 to 1,100 $154 used for the assessment study for the City 1,101 to 1,300 $180 Figure 1 on the next page presents how these 1,301 to 1,600 $206 programs are used More specifically, FRA 1,601 to 1,800 $233 consists of the following components 1,801 to 2,100 $261 Greater than 2,100 $298 > Incident Data Management System > Financial Data Management System (IDMS) allows Tindale Oliver to review all (FDMS) allows for an evaluation of a range of the characteristics of incident data of assessment rates, possible exemptions, available either through the NFIRS or from and future revenues It also incorporates the Department's databases Using IDMS, the impact of the growth rate on future Tindale Oliver is not only able to identify revenue stream The key questions that those incidents that should be included, can be answered using FDMS include the but also calculate total resourcesin terms ( following of labor and vehicle time) used by each incident type by land use IDMS can also - How does the Department's capital be used by Fire Departments for daily program affect the assessment rates/ operations and planning purposes levels? This could be in terms of an ongoing replacement program of the > Parcel Data Management System (PDMS) is used in the evaluation of parcel trucks/vehicles as well as addition/ expansion of fire stations database and gives full access to data attributed including building size/type by - How would the revenue stream be land use, structures'just and taxable affected as new units are constructed values, age of structure, and other similar How would the type/size of these new attributes These attributes allow for a units affect assessment revenues? How calculation that takes into consideration would the revenues change if the full value of the buildings by size and by community is built outs land use, and results in more accurate The following paragraphs provide a more revenue estimates Table 1 presents this detailed description of each task that will be concept as a possible option During completed as part of the study previous studies,Tindale Oliver calculated residential rates both as a single combined Task 1: Background Review,Assessment fee and as tiered fee,which allowed our Methodology and Data Collection clients to make informed decisions As part of this task,Tindale Oliver will review the City's current fire assessment roll Tindale>,,Oliver CITY OF CLERMONT I Scope of Work 3 www tindaleoliver.com Scope of Work 4114tIK Figure 1 — Fire Rescue Analysis (FRA) Programs Data Input Analysis "Tools" Financial Data Financial Data Management -, System(FDMS) , Property Parcel • Property Data Data Management System(PDMS) ' Fire/Rescue Incident Data Incident Data Management _ 4System(IDMS) _., 4 ,-- ---\ � Allowable i \ Assessment-"Non® Financial Alternatives And Projections Assessment i . Property. ® PolicyAllocation Allocation Assessment Rate Options r 1 Assessment Options } ® Alternatives Report �` Budget/Financial I ., Alt� afi ei1r Reports', - Analysis The Fire Rescue Analysis Program is made up of three modules , • Financial Data Management System FDMS • 'Incident Data Management System IDMS • Parcel Data Management System PDMS Tindale)XOliver CITY OF CLERMONT I Scope of Work 4 www tindaleoliver.com Scope of Work information, fire rescue incident data, historical will also be identified The Tindale Oliver Team fire rescue budgets and assessment reports, also will review the proposed FY 2016 budget and other related data (if available)to identify any significant changes that could affect the cost allocation as part of Upon receipt of the notice to proceed,Tindale the assessment calculation Oliver will submit a data needs memo to the City Upon preliminary review of the data, In determining the legally acceptable portions Tindale Oliver will conduct a kick-off meeting of the budget, to identify the appropriate with the City to discuss background issues, portion of resources available both to fire and project scope, schedule, and data needs In medical incidents, Tindale Oliver will conduct a addition, during this meeting,Tindale Oliver detailed review of incident data type to will provide a summary of common determine the level of resources used for assessment methodologies used by other advanced life support (ALS) incidents This jurisdictions Based on input from the City,the effort will require an analysis of not only the assessment methodology that will be used for type of incident (medical vs fire), but also the the study will be established procedures conducted on-scene The case law requires that the fire assessment revenues are Task 2:Service Cost Analysis used to fund the portion of the budget related Task 2.1:Evaluate Current Financial to responding to fire and first response Information incidents Given that a large portion of the The Tindale Oliver Team will be provided with incidents responded by fire rescue the adopted FY 2015 Fire Department Budget departments tend to be medical in nature, it is as well as the budgets for the past three to five important to determine the distribution of first years and will work with the City's Finance and response incidents that can be included in the Fire Departments to determine the full cost of assessment calculations vs ALS incidents that providing fire suppression services as well as cannot be included in the assessment implementing and collecting the fire calculations Otherwise, the incident data used assessment As part of this analysis,the to determine cost allocation and demand Tindale Oliver Team will undertake a detailed becomes limited to a relatively small sample, review of the budgetary line items to ensure which makes it difficult to ensure the cost is that all applicable costs, both direct and apportioned equitably indirect, are considered and are legally 9 Y Task 2.2:Apportion Fire Suppression acceptable Costs associated with Service Costs Among Assessment implementing the assessment program and Rate Class collections will be identified and incorporated The resulting cost of providing fire rescue into the calculations In addition,whether to services determined to be applicable for include any allowances for capital replacement inclusion in the fire assessment calculations will or addition will be discussed with the City Any be apportioned among each assessment rate dedicated revenues toward fire rescue budget Tind ale'Oliver CITY OF CLERMONT I Scope of Work 5 www tundaleoliver.com Scope of Work class Potential methodologies to apportion but also the level of staff and vehicle time used the cost will be documented as part of Task 1 for each type of incident/property As and may include several options, such as using mentioned previously, certain type of land uses the number of calls, on-scene times, and/or or buildings may not request assistance number of units dispatched to determine the frequently, but the duration of each response resource allocation and the value of the may be longer than that experienced at a property that is being protected These options different land use will be discussed with the City to determine the Task 4:Calculation of Development Units most appropriate and cost-effective and Rates methodology Task 4.1:Calculate Development Units Task 3:Service Demand Analysis Using Proposed Methodology The number of development units for each assessment rate class will be obtained from the The Tindale Oliver Team will obtain the Fire Lake County Property Appraiser database Department's call response data from NFIRS or Each Property Class Code in the Lake County the Fire Department to determine the Property Appraiser's database will be assigned appropriate service demand using the agreed an assessment rate class in order to tie each upon fire assessment methodology It is real property record to the appropriate recommended that, as available, a minimum of assessment rate class three to five years of call data be analyzed for the service demand component to ensure that Upon assigning an assessment rate class to fluctuations in call data from year-to-year are each property in the Property Appraiser neutralized Not all incident types can be database,the Tindale Oliver Team will compare included in the fire assessment calculations the distribution of calls vs. development units This limited sample size make it critical to use as a quality control measure For example, if several years of data the service demand analysis shows only 5 percent of annual fire calls are to office The Tindale Oliver Team will analyze the properties, but the office square footage within historical call data to identify the calls that the City is 20 percent of the total square should be excluded from the analysis and footage,there is an indication that fire determine a trend in the distribution of incidents to office properties may have been remaining incidents between the different miscoded under another type of land use assessment rate classes As mentioned previously,this analysis also will include a Fiscal Year 2016 Assessment Roll will be review of the different incident types and on- developed based on most recent available data scene procedures to ensure that only those and the City's policy direction incidents appropriate for use in the service demand analysis are included. Finally,the analysis will evaluate not only the frequency, Tindaler iOliver CITY OF CLERMONT I Scope of Work 6 www tindaieoiiver.com Scope of Work Task 4.2:Calculation of Rates and Revenue developing reports to access property use Requirements information The assessment roll will be Based on the methodology agreed in Task 1, delivered to the City within the timeframe and apportioned costs for each land use and format acceptable to the City and Lake County calculated development units, a rate schedule Tax Collector for the non-ad valorem assessment program Task 6: Meetings&Presentations will be developed The rate schedule will include assessment cap rates as appropriate, As part of the study,the following meetings and will ensure that the identified assessable and workshops will be conducted costs are fully funded In addition, revenue > Kick-off meeting with City and Fire requirements for the Fiscal Year 2015-2016 will Department staff be identified > Draft report review meeting with the City As part of this task,Tindale Oliver will address and Fire Department staff and the City potential exemptions and associated revenue Administration loss for the City Tindale Oliver will discuss > One City Commission workshop or policy options regarding exemptions, and meetings with Commissioners on an provide information in terms of properties that individual basis legally need to be exempted as well as others > One public hearing that were exempted by other jurisdictions as a policy decision In addition to these formal meetings, Tindale Oliver will be in continuous contact with the Task 5:Technical Report City's Project Manager to ensure that the City J 9 is Results of the analysis completed in Tasks 1 aware of the study status and progress through 4 will be incorporated into a draft The Tindale Oliver Team will prepare user- Technical Report,which will summarize the friendly Power Point presentations Tindale study findings and provide the calculation Oliver has extensive experience with the public steps of the assessment program The involvement process and community Technical Report will be submitted to the City consensus building and buy in and has assisted for review and comment Comments received many communities in the successful from the City will be incorporated into the final implementation of their fees Given the nature Technical Report of assessment programs,these presentations Tindale Oliver will create the FY 2015-2016 are critical in explaining and gaining support assessment roll using most recent Property for the study methodology Appraiser database and based on the final Task 7: Related Legal Services(Optional) methodology approved by the City Council The tax roll will be tested for sufficiency by If the City would like legal assistance,Tindale Oliver will work with Lewis, Longman &Walker, Tin dale>XOliver CITY OF CLERMONT I Scope of Work 7 www tindaleoliver.com Scope of Work PA to obtain a legal review and ensure that the methodology used for the study is consistent with the Florida Statutes, case law, and other applicable laws and rules The legal subconsultant will conduct the legal review and assist drafting all legal notices, publications, resolutions and other documents necessary to certify the tax roll and adopt the rate structure for the initial year of the methodology SCHEDULE A preliminary schedule is provided on the following page Upon selection, this schedule will be reviewed with the City's Project Manager and, if needed,will be modified to better accommodate the City's needs With a dedicated Public Finance Group and other staff experienced in public finance related analyses, Tindale Oliver has the necessary resources to meet most desired time frames and still provide a high quality product. PRICING As shown in the table on page 10,the professional fees and expenses associated with the Scope of Services are estimated at $24,978 and includes four trips by Tindale Oliver Please note that this budget does not include any cost associated with Task 7 or the production and mailing of first class notices The estimated budget for Task 7 is shown separately in the table This is a lump sum budget and the City will be invoiced monthly for the portion of the work completed Tindale>1Oliver CITY OF CLERMONT I Scope of Work 8 www.tindaleoiiver corn Scope of Work City of Clermont Fire Assessment Study TASK DATE Receipt of Signed Contract Jan 30, 2015 Submittal of Data Needs Memo Feb 5,2015 Receipt of Requested Data Feb 27, 2015 Kick-off Meeting Week of Feb 16, 2015 Technical Analysis Feb-May, 2015 Submittal of Draft Technical Report May 21, 2015 Draft Report Review Meeting Week of May 25, 2015 City Council Workshop to Review DraftResults June 9, 2015 Submittal of Final Draft Technical Report June 23, 2015 Receipt of All Commentsfrom the City June29, 2015 Submittal of Final Technical Report July 15, 2015 Notification Process and Adoption Hearing July-August, 2015 Submittal of Anal FY2015Assessment Roll Sept 4, 2015 Tindale Oliver CITY OF CLERMONT I Scope of Work 9 www tindaleoliver.com Scope of Work til(1 A' 8 0 113 Ig A W o R 8 8 121 6 6 8 8 8 8 8 e " (per (� (mom (op m� pm 1"O- N f7 : Digit § A N St E (§ N N R E g Q N N 1 3 (g n N (yU0Jj d3 ;7; f9 a N a a 4 0 H9 IA EA a Df f9 fA N O F W co W M N ilk N N W O 0 0 0 O 0 0 O 000 o p0 O 0 0 0 0 F r Com! 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F F F F F F F F Tindalet Oliver CITY OF CLERMONT I Scope of Work 10 www.tindaleoliver.com